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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the statements in Evidence A Nos. 1 and 2, around December 15, 2010, the Plaintiff agreed to lease the instant building to Defendant B with a deposit deposit of KRW 10 million, monthly rent of KRW 800,000 (excluding value-added tax) and KRW 10,000,000,000,000 from Defendant B, and then delivered the instant building to Defendant B after receiving a deposit of KRW 10,000,000 from Defendant B, and thereafter Defendant B discontinued to run a real estate brokerage business with Defendant C in the instant building, and Defendant C continued to run the real estate brokerage business in the instant building.
2. Determination on the cause of the claim
A. The plaintiff asserts to the following purport.
1) On December 15, 2010, Defendant B leased the instant building from the Plaintiff on or around September 201, and subleted the instant building to Defendant C without the Plaintiff’s consent or permission. After that, Defendant C occupied and used the instant building. (2) The Plaintiff and the Defendants agreed to increase KRW 900,000 as monthly rent from January 14, 201, while extending the lease term. Accordingly, Defendant B paid KRW 2.7 million to the Plaintiff on January 14, 2012.
3) The Defendants did not pay to the Plaintiff the amount of KRW 80,00,000,000,000 to KRW 100,000,000,000 to KRW 5,000 on December 201, 201, and KRW 100,000 on June 201, KRW 90,000,000 to KRW 8.1 million on July 201, and KRW 8.1 million from September 2012 to May 2013, the Plaintiff terminated the lease agreement on February 4, 2013. The Plaintiff was delivered the instant building by the Defendants on October 15, 2013.
5) The Defendants: (a) the remainder of KRW 200,000 offset by the deposit of KRW 10,200,000 out of the overdue rent of KRW 10,000 for the period until May 15, 2013; and (b) the amount equivalent to the rent of KRW 4.5 million for the period from May 16, 2013 to October 15, 2013 (i.e., monthly rent of KRW 90,000 x 4.7 million for five months).